ORS Chapter 837 - Oregon Statutes

Chapter 837 — AircraftOperation

 

2009 EDITION

 

AIRCRAFTOPERATION

 

AVIATION

 

837.005     Exemptionsof certain aircraft from requirements of registration; rules

 

837.010     Federalpilot certificate required

 

837.015     Registrationof aircraft

 

837.020     Registrationof pilots; renewal

 

837.025     Requirementsfor pilot registration; fees; certificates

 

837.030     Exhibitionof certificate on demand

 

837.035     Dispositionof moneys received for registration of pilot licenses; Aviation Search andRescue Account

 

837.040     Personsrequired to register aircraft; application; timing; late fees; rules

 

837.045     Feeschedule

 

837.050     Transferof aircraft registration moneys to State Aviation Account

 

837.055     Assignmentof number; delivery of certificate of registration; duplicate certificates;applications as public records

 

837.060     Expirationand renewal of registrations; late fees

 

837.065     Effectof paying aircraft or pilot registration fee with worthless check

 

837.070     Noticeof sale of aircraft; transfer of registration; fee

 

837.075     Aircraftdealer’s license; fee

 

837.080     Prohibitedoperation of aircraft

 

837.085     Droppingarticles without permit prohibited; exceptions

 

837.090     Landingson public highways and grounds prohibited

 

837.095     Flyingover military and naval establishments; photographs from airplanes

 

837.100     Violationprocedure; disposition of fines

 

837.990     Penalties

 

      837.005Exemptions of certain aircraft from requirements of registration; rules. ORS 837.015 and837.040 to 837.070 do not apply to:

      (1)Aircraft owned by any person, firm or corporation and certificated by theappropriate federal agency for domestic or foreign scheduled air commerce;

      (2)Military aircraft of the United States of America;

      (3)Aircraft licensed by a foreign country with which the United States hasreciprocal relations exempting aircraft registered by the United States, or anypolitical subdivision thereof, from registration within such foreign country;or

      (4)Classes of aircraft designated as exempt by rules adopted by the State AviationBoard. [Formerly 493.010; 2005 c.22 §520; 2005 c.75 §1]

 

      837.010Federal pilot certificate required. No person shall fly aircraft in thisstate unless holding a pilot certificate of competency issued by theappropriate federal agency. [Formerly 493.020]

 

      837.015Registration of aircraft. Unless exempted by ORS 837.005, no person shallfail to register any aircraft when required by ORS 837.040 to 837.070. [Formerly493.030]

 

      837.020Registration of pilots; renewal. (1) In the interest of public safetyand the safety of those people traveling by air or receiving aviationinstruction, every pilot operating within this state shall register with theOregon Department of Aviation within 60 days of issuance of any appropriateeffective federal certificate, permit, rating or license relating to competencyas a pilot except that student pilots shall register prior to their first soloflight. A nonresident pilot of a scheduled or nonscheduled airline,certificated by the appropriate federal agency, is not required to registerunder the provisions of this section unless the nonresident pilot engages inthe piloting of aircraft other than such certificated operation. Nonresidentsoperating within this state, other than in a commercial operation, shallregister with the department within 60 days of the date of arrival within thestate. Pilots operating commercially shall register prior to any commercialoperation.

      (2)Every registered pilot shall renew the first registration on the anniversary ofthe first registration date. After the first renewal, each pilot shall renewregistration on the anniversary of the first registration date in the firstyear of each two-year period in which the pilot is active as a pilot.

      (3)Every registered pilot shall notify the department in writing within 30 days ofa change of address or name. The notification shall contain the old and newresidence address or name and the pilot registration number. [Formerly 493.040;1991 c.186 §1; 2007 c.768 §57]

 

      837.025Requirements for pilot registration; fees; certificates. (1) Possessionof the appropriate effective federal certificate, permit, rating or licenserelating to competency of the pilot and payment of a fee of $12 for initialregistration and $24 for each renewal of registration shall be the requisitefor registration of the pilot under ORS 837.020. A filing of a writtenstatement containing the information reasonably required by the OregonDepartment of Aviation is sufficient to effect a registration. No originals orcopies of federal certificates, permits, ratings or licenses shall be requiredof the applicant. Duplicate certificates of pilot registration may be obtainedupon proof of loss or destruction of the original by application to thedepartment and the payment of $5 for each additional certificate.

      (2)The department may issue certificates of registration and may prescriberequirements for possession and exhibition of such certificates.

      (3)Information submitted in any application for registration is a public recordand is open to public inspection during normal office hours. [Formerly 493.050;1991 c.206 §1; 1997 c.585 §3; 2009 c.694 §1]

 

      837.030Exhibition of certificate on demand. Every pilot operating within this stateshall present a federal certificate of competency and state certificate ofregistration on demand. The certificate of registration shall be kept in thepersonal possession of the licensee when operating aircraft within this stateand must be presented for inspection upon demand of any passenger, peaceofficer, official manager in charge of any airport, other aircraft operator orfederal or state agent. [Formerly 493.060]

 

      837.035Disposition of moneys received for registration of pilot licenses; Aviation Searchand Rescue Account.All moneys received by the Oregon Department of Aviation for the registrationof pilot licenses as prescribed in ORS 837.020 shall be paid by the departmentto the State Treasurer, who shall deposit it in the General Fund to a specialaccount to be known as the Aviation Search and Rescue Account. The money in theaccount established under this section shall be used by the Office of EmergencyManagement only for the following purposes or as otherwise provided by law:

      (1)Such amount as may be necessary shall be used for the payment of all expensesincurred by the Office of Emergency Management in conducting activitiesauthorized under ORS 404.105 to search for lost planes and lost persons, therescue of lost persons, pilot survival education and training and all otherexpenses directly attributable to the search and rescue program and for thepayment of expenses of the Oregon Department of Aviation relating to theregistration of pilot licenses. The Oregon Department of AdministrativeServices, after approval of claims for the expenses referred to in thissubsection, shall draw warrants on the State Treasurer for the payment thereof,payable out of the Aviation Search and Rescue Account.

      (2)The Office of Emergency Management may use moneys from the Aviation Search andRescue Account to provide insurance to compensate any member of a volunteer airsearch and rescue organization for injuries or loss of life sustained in thescope of performing air search and rescue operations while under the directionof the office. The insurance may be obtained from a public or private insurer.The scope, coverage and benefits provided under the insurance shall not exceedthose provided for persons under ORS chapter 656. If the insurance is provided,the coverage provided by the insurance:

      (a)Shall include all volunteer members accepted by the Office of EmergencyManagement.

      (b)Regardless of negligence, is the exclusive remedy of a member of the Office ofEmergency Management air search and rescue organization against the State ofOregon, the office or any other person acting under the authority or directionof the office for those injuries or losses resulting from the air search andrescue activities. [Formerly 493.070; 1993 c.741 §94; 1997 c.263 §3; 1999 c.935§38; 2007 c.740 §41]

 

      837.040Persons required to register aircraft; application; timing; late fees; rules. (1) Except asprovided in subsection (2) of this section, the following are required toregister civil aircraft with the Oregon Department of Aviation:

      (a)The owner of a civil aircraft that is capable of flight and that is based inthis state.

      (b)The owner of a civil aircraft that is used for commercial operations in thisstate.

      (2)An owner need not register a civil aircraft that is:

      (a)Exempted by the provisions of ORS 837.005; or

      (b)Subject to assessment and taxation under ORS 308.558.

      (3)An owner who is otherwise required to comply with subsection (1) of thissection is not exempt from compliance because the aircraft has an appropriate,effective permit or license issued by the United States.

      (4)An owner applying for registration of an aircraft under this section shall filean application form supplied by the department. The State Aviation Board mayadopt rules specifying the information that may be required on the applicationform.

      (5)(a)The owner of a civil aircraft that is based in Oregon shall register theaircraft within 60 days of the date the aircraft becomes subject toregistration. The owner of a civil aircraft that is not based in Oregon butthat is used in Oregon for commercial operations shall register the aircraftprior to the first time the aircraft is used in Oregon for commercialoperations.

      (b)The department may impose a late fee on a person who fails to register anaircraft within the time required by this subsection. The board may determineby rule the amount of late fees that may be imposed under this paragraph. Theboard may adopt a graduated schedule of late fees, but the maximum amount of alate fee may not be more than the amount of the registration fee.

      (6)An application for registration must be accompanied by the registration feespecified in ORS 837.045 and, if a late fee is imposed under subsection (5) ofthis section, by the late fee.

      (7)Registration under this section is not complete until the owner receives anotice of registration from the department. [Formerly 493.080; 1993 c.741 §95;2005 c.75 §2]

 

      837.045Fee schedule.(1) The registration fee to be paid under ORS 837.040, and the fee to be paidupon renewal of registration under ORS 837.060, is as follows:

______________________________________________________________________________

 

AIRCRAFTCLASSIFICATION

AND FEE SCHEDULE

 

Singleengine fixed wing, piston                                            $       55

Singleengine fixed wing, turboprop                                            200

Multienginefixed wing, piston                                                       90

Multienginefixed wing, turboprop                                               200

Turbojetfixed wing                                                                      350

Helicopterpiston engine                                                                 55

Helicopterturbine engine                                                              110

Lighterthan air, home built,

sailplane,experimental or gyrocopter                                             40

Ultralightaircraft                                                                            30

Ex-militarymultiengine or turbojet/

ex-aircarrier                                                                                  200

______________________________________________________________________________

 

      (2)Any registration fees and penalties due in a previous year but not paid remaindue and payable and may be collected by the Oregon Department of Aviation priorto renewal of registration of the aircraft in the current year. [Formerly493.090; 1991 c.186 §2; 1997 c.585 §8; 2005 c.75 §3; 2009 c.693 §1]

 

      837.050Transfer of aircraft registration moneys to State Aviation Account. NotwithstandingORS 293.445, the Oregon Department of Aviation may transfer to the StateAviation Account any and all moneys paid for aircraft registration under ORS837.040 and 837.045 if the registration is not completed due to the failure ofthe aircraft owner to pay the appropriate registration fee or penalty due. Thissection applies to all moneys paid, but not yet refunded and to futurepayments. [Formerly 493.095]

 

      837.055Assignment of number; delivery of certificate of registration; duplicatecertificates; applications as public records. (1) Upon receipt of anapplication for registration of any aircraft and payment of the requiredlicense fee, the Director of the Oregon Department of Aviation shall assign tothe application and the aircraft to be registered a distinctive number and registerthe facts stated in the application and the number in an index to be kept forthat purpose.

      (2)A certificate of registration, bearing the same number assigned to theapplication, and in a form and design to be determined by the Oregon Departmentof Aviation, shall be delivered to the owner of the aircraft without furtherexpense to such applicant.

      (3)The following apply to the use and display of certificates of registration andother signs denoting registration for aircraft:

      (a)The certificate of registration shall be carried in the aircraft at all times.

      (b)No sign to denote registration of aircraft by the State of Oregon, other thanthose furnished by the director, shall be used.

      (4)Duplicate certificates of registration may be obtained, upon proof of loss ordestruction of the original, by application therefor to the department and thepayment of $15 for each additional certificate. The facts stated in anyapplication for registration shall be a public record and open to inspection bythe public during reasonable office hours.

      (5)Registration of an aircraft does not require, nor does it constitute, evidenceof legal ownership of the aircraft. [Formerly 493.100; 1993 c.161 §1; 1993c.741 §96; 1997 c.585 §4]

 

      837.060Expiration and renewal of registrations; late fees. (1) Allregistrations under ORS 837.040 expire annually on the anniversary of the datethe aircraft is originally registered with the Oregon Department of Aviation.

      (2)The owner of an aircraft subject to renewal of registration shall renew theregistration on or before the date of expiration by filing a form provided bythe department and paying the fee for renewal of registration established inORS 837.045. The department may impose a late fee on a person who fails torenew registration within the time required in the same manner and in the sameamounts as late fees imposed under ORS 837.040. [Formerly 493.110; 1991 c.186 §3;1997 c.585 §9; 2005 c.75 §4]

 

      837.065Effect of paying aircraft or pilot registration fee with worthless check. Whenever anybank check issued in payment of any aircraft or pilot registration fee isreturned to the Director of the Oregon Department of Aviation as uncollectible,the director shall charge to the person presenting such check to the director anadditional fee of $25, plus all protest fees to cover the costs of collection.If the fee and the charges for collecting the check, as provided in thissection, and the proceeds of the check then are not paid, the director shallsuspend the registration in payment of which the check was presented, and maydelegate authority to any Oregon Department of Aviation employee or policeofficer to seize and recover the registration certificate and such otherevidence of registration as has been issued. [Formerly 493.120; 1997 c.585 §5]

 

      837.070Notice of sale of aircraft; transfer of registration; fee. (1) Upon thepurchase of any aircraft registered in accordance with ORS 837.040, title tothe certificate of registration assigned thereto shall vest in the purchaser.Within 10 days after the date of:

      (a)Purchase, the purchaser shall file with the Oregon Department of Aviation anapplication to transfer the registration, stating the name and business addressof the purchaser, the name of the seller, the registration number assigned tothe aircraft, and a brief description of the aircraft as required for anoriginal registration.

      (b)Sale, the seller shall notify the Director of the Oregon Department of Aviationof the sale with the name and address of the purchaser, registration numberassigned to the aircraft and a brief description of the aircraft as requiredfor an original registration.

      (2)Upon the receipt of the application and the payment of a fee of $15, thedirector shall transfer the license and registration number to the purchaser,and shall record the transfer. No sale or transfer of any aircraft registeredunder ORS 837.040 shall be valid without compliance with the provisions of thissection. If an aircraft is not registered at the time of purchase, even thoughthe aircraft may have been purchased within the state, new or used, thepurchaser shall register it in accordance with ORS 837.040 and 837.045. [Formerly493.130; 1993 c.741 §97; 1997 c.585 §6]

 

      837.075Aircraft dealer’s license; fee. (1) Any dealer in new or used aircraft,or both, shall apply to the Oregon Department of Aviation for a dealer’slicense. Upon such application, the department shall issue an aircraft dealer’slicense to the applicant for an annual fee of $250. The dealer’s license shallbe in lieu of all other licenses or registration required by ORS 837.040 uponthe dealer’s aircraft within this state, so long as they are kept for resaleand are not used in commercial operations within this state.

      (2)This section does not prohibit the registering of a dealer’s aircraft under ORS837.040.

      (3)Upon the sale by a dealer of an aircraft which is not registered under ORS837.040, the dealer shall advise the purchaser of the registration requirementsunder ORS 837.040 to 837.070 and furnish the purchaser with the properapplication forms. [Formerly 493.140; 1997 c.585 §7]

 

      837.080Prohibited operation of aircraft. (1) A person commits the offense ofprohibited operation of an aircraft if the person operates an aircraft in theair, or on the ground or water:

      (a)While the person is under the influence of intoxicating liquor, drugs orcontrolled substances.

      (b)In a careless or reckless manner so as to endanger the life or property ofanother.

      (2)The offense described in this section, prohibited operation of an aircraft, ispunishable as provided under ORS 837.990. [Formerly 493.160]

 

      837.085Dropping articles without permit prohibited; exceptions. (1) Unless apermit is granted by the Director of the Oregon Department of Aviation orexcept in an emergency, no person shall throw or drop any missile or otherarticle or substance from any aircraft in flight, except over groundtemporarily or permanently devoted to flying, or over open water.

      (2)This section does not prohibit, or require a permit for, the use of an airplanefor crop dusting or any other agricultural purposes or for seeding anyagricultural or horticultural crop or for dusting or spraying in furtherance ofinsect and pest control. Any such use of an airplane shall be made with dueregard for the safety of others. [Formerly 493.170]

 

      837.090Landings on public highways and grounds prohibited. Except in anemergency, no person shall land aircraft on highways or public parks or otherpublic grounds without permission from the authorities in charge thereof. [Formerly493.180]

 

      837.095Flying over military and naval establishments; photographs from airplanes. No person shallfly over a government fort or tract of land set aside for military or navalpurpose, nor shall any person make any photograph or map of such fort or landfrom any aircraft without written permission having been obtained from theperson in command of the fort or land. [Formerly 493.190]

 

      837.100Violation procedure; disposition of fines. (1) In addition to any otherpersons permitted to enforce violations, the Director of the Oregon Departmentof Aviation and any employee specifically designated by the director may issuecitations for violations established under ORS 837.990 in the manner providedby ORS chapter 153.

      (2)All fines and court costs recovered from violations established under ORS837.990 shall be paid to the clerk of the court involved. The clerk, afterdeductions of court costs provided by law for the proceeding, shall pay theremainder of the money to the State Treasurer to be deposited in the CriminalFine and Assessment Account in the General Fund. [Formerly 493.225; 1991 c.460 §11;1999 c.1051 §114]

 

      837.105 [Formerly493.230; repealed by 1999 c.440 §1]

 

      837.990Penalties.(1) Except as otherwise provided in this section and subject to ORS 153.022, aperson commits a Class A violation if the person violates any provision of thischapter or any rule adopted, or order issued, under this chapter.

      (2)The offense described in ORS 837.080, prohibited operation of an aircraft, is aClass B misdemeanor. [Formerly 493.991; 1999 c.1051 §115; 2005 c.75 §5; 2007c.71 §248]

 

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